DUI arrest no miranda rights

DUI arrest no miranda rights

Question: Is it okay to have a DUI arrest no miranda rights read?  Can I fight against my DUI arrest if I was questioned without my miranda rights read to me in Encino, CA?  I thought that if that was the case they can not arrest me and have to dismiss my case.  Is that true?

Answer: Miranda rights are supposed to be read at the time of arrest, and if not, statements made after arrest may be able to be suppressed.  That does not necessariliy mean though that your case will be automatically dismissed just because the officers did not read you your miranda rights.  It is not uncommon for officers not to do so, particularly in DUI cases.

That being said, there are a lot of other issues specific to your case that may lead to a complete dismissal or reduction of the DUI charges.  What was yoru breath or blood test results?  Are there issues with the collection of the blood, or mainatenance and calibration of the breath machine?  Was there probable cause to pull your car over in the first place?  Those are just a very small sample of the things that can potentially be helpful in defending your DUI case.

 

You should contact a DUI attorney to speak about your case in more detail. My office is in Sherman Oaks, CA, down the street from where your court date in Van Nuys is.  I would be happy to speak to you in more detail about your case.

Phil Hache,

Criminal Defense & DUI Attorney
www.1DUILawyer.com
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA Glendale, CA Pasadena, CA Metropolitan Court, Bellflower, CA, Alhambra, CA, Malibu, CA, Compton, CA, Santa Clarita, CA, Airport Court, Chatsworth, CA Inglewood, CA, Los Angeles, CA and other Courts.